POLAND Law and Practice Contributed by: Marcin Olechowski, Wojciech Iwański, Tytus Brzezicki and Piotr Orłowski, Sołtysiński Kawecki & Szlęzak
• the candidate’s knowledge, skills and experi - ence – in particular, education, professional experience and completed courses; • information about the other entities in which the candidate serves as a statutory board member; • the candidate’s criminal record; • administrative sanctions, other proceedings that may adversely affect the financial posi - tion of such a person, and administrative, disciplinary or enforcement proceedings in which the appointed person has acted or acts as a party; • Polish language proficiency; and • any other information that may affect the assessment of meeting the fit and proper requirement. The PFSA will not approve the appointment if: • the fit and proper criteria are not fulfilled; • the candidate has been penalised for an intentional crime or fiscal crime, excluding privately prosecuted crimes; • the candidate does not inform the PFSA about charges in criminal proceedings or fiscal crime proceedings, except for charges related to privately prosecuted crimes within 30 days from the date of the charges; or • the candidate does not prove their Polish language proficiency. The Polish language requirement may be waived if the PFSA deems its fulfilment unnecessary for prudential supervision reasons – in particular, the level of acceptable risk or the scope of the bank’s intended activities. In 2020, the PFSA issued a document, Methods for Assessment of Suitability of the Members of the Bodies of Entities Supervised by the Pol - ish Financial Supervision Authority ( Metodyka
Oceny Odpowiedniości Członków Organów Podmiotów Nadzorowanych ), which contains a very detailed methodology behind the PFSA’s approach to the fit and proper requirements. These are generally in line with the applicable EBA Guidelines on assessing the suitability of management body members and key function holders under Directive 2013/36/EU and Direc - Banks have to adopt remuneration policies for each category of persons whose professional activity has an impact on the bank’s risk profile. These persons primarily include: • supervisory board and management board members; • directors (usually heads of divisions); and • other persons who have knowledge of risks associated with the bank’s activities and who are responsible for making decisions impact - ing these risks. The management board is responsible for pre - paring and implementing the remuneration pol - icy, which is subject to the supervisory board’s approval. tive 2014/65/EU (EBA/GL/2017/12). 4.3 Remuneration Requirements Remuneration Policy Non-significant banks with lower values of owned assets may implement simplified poli - cies. The same applies to persons whose annual variable remuneration does not exceed the Pol - ish zloty equivalent of EUR50,000 or one-third of the total annual remuneration of these persons. Other exceptions may apply where an appropri - ate justification is present. The PFSA may limit the variable component of the remuneration of persons covered by the remuneration policy, as a percentage of net
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